Kerala High Court
Mathew Joseph vs Saramma Mathew on 22 June, 2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.SOMARAJAN
Thursday, the 22nd day of June 2023 / 1st Ashadha, 1945
OP(C) NO. 1214 OF 2023
CMA 3/2018 OF ADDITIONAL DISTRICT COURT-II, ALAPPUZHA
EP 208/2014 IN OS 44/2011 OF MUNSIFF COURT, ALAPPUZHA
PETITIONER/APPELLNTS/DEFENDANTS:
1. MATHEW JOSEPH, AGED 54 YEARS, S/O MAMMEN JOSEPH, ETTIL HOUSE,
CHANGAMKARY MURI, EDATHUA VILLAGE, KUTTANADU TALUK, PIN - 689573
2. VALSAMMA, AGED 57 YEARS, D/O MAMMEN JOSEPH, ETTIL HOUSE,
CHANGAMKARY MURI, EDATHUA VILLAGE, KUTTANADU TALUK, PIN - 689573
3. MERCY, AGED 51 YEARS, D/O MAMMEN JOSEPH, ETTIL HOUSE, CHANGAMKARY
MURI, EDATHUA VILLAGE KUTTANADU TALUK, PIN - 689573
4. JESSY, AGED 44 YEARS, D/O MAMMEN JOSEPH, ETTIL HOUSE, CHANGAMKARY
MURI, EDATHUA VILLAGE KUTTANADU TALUK, PIN - 689573
RESPONDENTS/RESPONDENTS/PLAINTIFFS:
1. SARAMMA MATHEW, AGED ABOUT 80 YEARS, KALATHIL MEDAYIL HOUSE,
ANAPPRAMPAL SOUTH MURI, THALAVADY VILLAGE, PIN - 689572
2. EAPEN, AGED ABOUT 45 YEARS, KALATHIL MEDAYIL HOUSE, ANAPRAMPAL
SOUTH MURI, THALAVADY VILLAGE, PIN - 689572
3. JOE, AGED ABOUT 46 YEARS, ETTIL HOUSE, CHANGAMKARY MURI, EDTHUA
VILLAGE., PIN - 689573
4. ALEXANDER MATHEW, AGED ABOUT 48 YEARS, KALATHIL MEDAYIL HOUSE,
ANAPPRAMPAL SOUTH MURI, THALAVADY VILLAGE NOW RESIDING AT 17 CHURCH
WEST, SMITH PALLAS, K7AIP6, ONTARIO, CANADA
5. ABRAHAM MATHEW (DIED), AGED ABOUT 40 YEARS, KALATHIL MEDAYIL HOUSE,
ANAPPRAMPAL SOUTH MURI, THALAVADY VILLAGE NOW RESIDING AT AS ABEY
ABRAHAM, KALATHIL, 3 MALABAR CRES, BRAMPTAN, ON L-68, 3X6 CANADA.
6. JOSEPH, AGED ABOUT 42 YEARS, NOW RESIDING AT AS JOSEPH MATHEW,
KALATHIL MEDAYIL, NORDIC, MARITIME SERVICE BUILDING-D, PO BOX
NO.5356, FUJKIRAH, FREE ZONE, UAE
7. SHYNI ABEY ABRAHAM KALATHIL, AGED 47 YEARS, W/O ABRAHAM MATHEW 298
BUICK BOULEUARD, BRAMPTON, ONTARIO, L6S3X6, CANADA
8. KEVIN ABRAHAM KALATHIL, AGED 19 YEARS, S/O ABRAHAM MATHEW, 298 BUICK
BOULEUARD, BRAMPTON, ONTARIO, L6S3X6, CANADA
9. SHERIN ABRAHAM KALATHIL, AGED 14 YEARS, D/O ABRAHAM MATHEW, 298
BUICK BOULEUARD, BRAMPTON, ONTARIO, L6S3X6, CANADA
(p.t.o)
Op (civil) praying inter alia that in the circumstances stated in
the affidavit filed along with the OP(C) the High Court be pleased to stay
the further proceedings judgment dated 27.09.2014 in OS No.44 of 2021
including EP No.208/2014 on the file of Munsiff Court, Alappuzha, pending
disposal of the Original petition (Civil).
This petition coming on for admission upon perusing the petition and
the affidavit filed in support of OP(C) and upon hearing the arguments of
SRI.UNNI. K.K. (EZHUMATTOOR), Advocate for the petitioners, the court
passed the following:
(P.T.O)
P.SOMARAJAN, J.
-------------------------------
O.P(C).No.1214 of 2023
---------------------------
Dated this the 22nd day of June, 2023
O R D E R
When the matter came up for hearing, it is
fairly submitted by the learned counsel for the
petitioners that the petitioner is prepared to pay
cost to the respondents for the delay occasioned
in prosecuting the suit which comes to more or
less 12 years and expressed his willingness to
deposit an amount of Rs.20,000/- before this Court
so as to take up the same for consideration at the
time of the disposal of the present O.P. Hence
issue notice to the respondents. The petitioner
will be at liberty to deposit an amount of
Rs.20,000/- on or before 30.06.2023.
Post on 30.06.2023.
In the meanwhile steps shall be completed as
against the respondents. Notice shall be given to
the plaintiffs 4 to 9 through the counsel who
appeared for them in the lower court.
Sd/-
P.SOMARAJAN
JUDGE
LEK
22-06-2023 /True Copy/ Assistant Registrar
